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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA,

Plaintiff,

vs.

DENTSPLY INTERNATIONAL, INC.,

Defendant.

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Civil Action No. 99-005 (MMS)

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO
DEFENDANT

Pursuant to Fed. R. Civ. P. 33, Plaintiff hereby submits the following Interrogatories to
Defendant. Plaintiff requests that Defendant serve its answers, in writing and under oath, to the
undersigned counsel for Plaintiff at 325 Seventh Street, N.W., Room 400, Washington, D.C.
20530, within 30 days of service of these Interrogatories.

For the purpose of these Interrogatories only, Plaintiff has used the definitions set forth
below.

I. Definitions

As used in these Interrogatories:

1. "Agreement" means a contract, arrangement, or understanding, formal or
informal, oral or written, between two or more persons.

2. "Any" means one or more.

3. "Base materials" means acrylic or any similar substance used in connection
with prefabricated artificial teeth to make dentures.

5. "Dealer" means any person that distributes any dental products of any
other person or purchases or acquires any such product for the sole purpose of reselling such
products to any other person, such as a dental laboratory, dentist, dental school or government
entity.

6. "Dental laboratory" means any person that prepares, constructs, assembles
or otherwise fills an order or prescription from a dentist for dentures or any other removable or
fixed dental prosthetic device, and includes any group, chain or organization of dental
laboratories.

7. "Dentsply" means Dentsply International, Inc., each of its predecessors
(including Gendex Corporation), successors, divisions, subsidiaries, and affiliates, located both
in
the United States and in any other country, each other person directly or indirectly, wholly or in
part, owned or controlled by it, and each joint venture to which any of them is a party, and all
present and former directors, officers, employees, agents, consultants, or other persons acting for
or on behalf of any of them.

8. "Denture" means artificial teeth fixed in a base material used to replace
some or all of a patient's natural teeth.

9. The phrase "describe in detail" as used in these interrogatories includes a
request for a complete description and explanation of the facts, circumstances, analysis, opinion
and other information relating to (as that phrase is defined below) the subject matter of a specific
interrogatory.

10. "Document" means any written, recorded, or graphic material of any kind,
whether prepared by you or by any other person, that is in your possession, custody, or control.
The term includes agreements; contracts; letters; telegrams; inter-office communications;
memoranda; reports; records; instructions; specifications; notes; notebooks; scrapbooks; diaries;
plans; drawings; sketches; blueprints; diagrams; photographs; photocopies; charts; graphs;
descriptions; drafts, whether or not they resulted in a final document; minutes of meetings,
conferences, and telephone or other conversations or communications; invoices; purchase orders;
bills of lading; recordings; published or unpublished speeches or articles; publications;
transcripts
of telephone conversations; phone mail; electronic-mail; ledgers; financial statements;
microfilm;
microfiche; tape or disc recordings; and computer print-outs.

The term "document" also includes electronically stored data from which
information can be obtained either directly or by translation through detection devices or
readers;
any such document is to be produced in a reasonably legible and usable form. The term
"document" includes all drafts of a document and all copies that differ in any respect from the
original, including any notation, underlining, marking, or information not on the original. The
term also includes information stored in, or accessible through, computer or other information
retrieval systems (including any computer archives or back-up systems), together with
instructions
and all other materials necessary to use or interpret such data compilations.

Without limitation on the term "control" as used in the preceding paragraph, a
document is deemed to be in your control if you have the right to secure the document or a copy
thereof from another person.

11. "Exclusive arrangement with a dealer" means any proposed or actual
agreement, arrangement, policy, program, practice, term or condition of your company that:

a. requires any dealer to limit the scope or intensity of effort, or
refrain from service, as a dealer for the products of any other person; or

b. has the purpose or effect of encouraging any dealer to limit the
scope or intensity of effort, or refrain from service, as a dealer for the products of any other
person.

12. "Exclusive arrangement with a dental laboratory or dentist" means any
proposed or actual agreement, arrangement, policy, program, practice, term or condition of your
company that:

a. requires any dental laboratory or dentist to limit the use of, or
refrain from using, the products of any other person; or

b. has the purpose or effect of encouraging any dental laboratory or
dentist to limit the use of, or refrain from using, the products of any other person.

13. "Identify" or "identity" means to state or a statement of:

a. in the case of a person other than a natural person, its name, the
address of its principal place of business (including zipcode), its telephone number, and the
name
of its chief executive officer, as well as, if it has a person other than a natural person that
ultimately controls it, that other person's name, the address of that person's principal place of
business (including zipcode), that other person's telephone number, and the name of that other
person's chief executive officer;

b. in the case of a natural person, his or her name, business address
and telephone number, employer, and title or position;

c. in the case of a communication, its date, type (e.g., telephone
conversation or discussion), the place where it occurred, the identity of the person who made the
communication, the identity of the person who received the communication, the identity of each
other person when it was made, and the subject matter discussed;

d. in the case of a document, the title of the document, the author, the
title or position of the author, the addressee, each recipient, the type of document, the subject
matter, the date of preparation, and its number of pages; and

e. in the case of an agreement, its date, the place where it occurred,
the identity of all persons who were parties to the agreement, the identity of each person who has
knowledge of the agreement and all other persons present when it was made, and the subject
matter of the agreement.

16. "Prefabricated artificial teeth" or "teeth" means any prefabricated (as
opposed to dental laboratory or dentist constructed) product used in a denture or as an implant to
replace one or more natural teeth.

18. "Relevant time period" means the time period stated in paragraph 1 of the
Instructions.

19. "Shade guide" means any device used to match the color or shade of
prefabricated artificial teeth to a patient's natural teeth for the specifications contained in a
dentist's prescription for dentures or any other removable or fixed dental prosthetic device.

20. "Year" means calendar year or the twelve-month period on which your
business records are based; if the latter is used in responding to a interrogatory, specify the
twelve
month period used.

21. "You," "your" or "your company" means Dentsply.

22. The singular form of a noun or pronoun shall be considered to include
within its meaning the plural form of the noun or pronoun, and vice versa; and the past tense
shall
include the present tense where the clear meaning is not distorted. The term "or" shall mean
"and" and vice-versa, as necessary to bring within the scope of the following interrogatories all
information or documents that would be excluded absent this definition.

II. Instructions

1. Unless otherwise specified, these interrogatories are limited to the time period
from January 1, 1995, to and including the date of service of these interrogatories.

2. Unless otherwise specified, the information called for by these interrogatories is
limited in scope to information relating to supplying, manufacturing, distributing, selling, or
advertising or promoting products in the United States. For any paragraph that requests
information relating to supplying, manufacturing, distributing, selling, or advertising or
promoting
products in any country other than the United States, the information called for includes all
information in your possession, custody or control maintained in both the United States or in any
other country.

3. Where knowledge, information, or documents are requested, such request
encompasses knowledge, information or documents in your possession, custody or control, or in
the possession, custody or control of your staff, agents, employees, representatives and, unless
privileged, attorneys, or any other person who has possession, custody or control of your
proprietary knowledge, information or documents.

4. Pursuant to Fed. R. Civ. P. 26(e), you are under a duty seasonably to amend any
answer to these interrogatories for which you learn that the answer is in some material respect
incomplete or incorrect and if the additional or corrective information has not otherwise been
made known to us during the discovery process or in writing.

5. For any interrogatory or part of an interrogatory which you refuse to answer under
a claim of privilege, submit a sworn or certified statement from your counsel or one of your
employees in which you identify the nature of the information withheld; specify the grounds of
the
claimed privilege and the paragraph of these interrogatories to which the information is
responsive; and identify each person to whom the information, or any part thereof, has been
disclosed.

6. Answer each interrogatory fully. If you object to any interrogatory, state the
reasons for objection and answer to the extent the interrogatory is not objectionable. If you are
unable to answer an interrogatory fully, submit as much information as is available, explain why
your answer is incomplete, and identify or describe all other sources of more complete or
accurate
information.

7. For any record or document responsive or relating to these interrogatories which
is
known to have been destroyed or lost, or is otherwise unavailable, identify each such document
by
author, addressee, date, number of pages, and subject matter; and explain in detail the events
leading to the destruction or loss, or the reason for the unavailability of such document.

8. No agreement, understanding, or stipulation by the Department of Justice or any
of
its representatives purporting to modify, limit, or otherwise vary these interrogatories shall be
valid or binding on the Department of Justice unless confirmed or acknowledged in writing (or
made of record in open court) by a duly authorized representative thereof.

III. Interrogatories

1. State your company's annual unit and dollar sales separately for each type or line
of prefabricated artificial teeth that your company sold or manufactured for each year during the
relevant time period.

2. State your company's annual unit and dollar sales, separately for each type or line
of prefabricated artificial teeth your company sold or manufactured in any country other than the
United States, separately for each such country, and separately for 1985 and each subsequent
year.

3. Separately for 1997 and each subsequent year, describe in detail and quantify
each separate cost or expense relating to training or educating dealers' personnel, dental
laboratories' personnel, and dentists, and to the extent possible, allocate the costs and expenses
between dealers, dental laboratories, and dentists.

4. Separately for 1997 and each subsequent year, describe in detail and quantify all
fees and other income Dentsply collected from third parties relating to training or educating
dealers' personnel', dental laboratories' personnel, and dentists, and to the extent possible,
allocate the fees and other income between dealers, dental laboratories, and dentists.

5. Separately for 1990 and each subsequent year through 1996, describe in detail and
quantify each separate cost or expense, and all fees and other income Dentsply collected from
third parties, relating to training or educating dentists.

6. Describe in detail and quantify your company's costs or expenses attributable to
each dealer to whom you sell prefabricated artificial teeth, separately for each year, and
separately
for each such dealer, including but not limited to administrative, transactional or other costs or
expenses relating to tooth returns or exchanges, drop-shipments, inventory management
(including computer hardware or software provided to dealers by Dentsply), training, sales
support, marketing, or advertising.

7. State the marginal cost of production of each type or line of prefabricated artificial
teeth that your company sold or manufactured for each year.

8. State the average cost of production of each type or line of prefabricated artificial
teeth that your company sold or manufactured for each year.